Hawaii Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Hawaii?

In Hawaii, the discovery of expert information is governed by Haw. R. Civ. P. 26(b)(4), which largely parallels the federal framework under Federal Rule of Civil Procedure 26(b)(4). Parties are required to disclose expert witnesses and their opinions during pretrial discovery. Specifically, any expert who may testify at trial must be identified. The disclosure includes the expert’s name, qualifications, the subject matter of expected testimony, and a summary of the expert’s opinions and the bases for those opinions. However, Hawaii does not mandate written expert witness report in every case, more detailed disclosures or reports may be required in complex matters by court order.

Limits exist on the discovery of expert communications, draft reports, and materials from consulting experts. Non-testifying experts retained solely for consultation are generally protected from discovery unless exceptional circumstances make it impracticable to obtain the information by other means.

Timing and Procedure for Expert Discovery in Hawaii

Expert discovery in Hawaii typically occurs prior to trial and is structured around the pretrial schedule set by the court. According to Haw. R. Civ. P. 26(b)(4), disclosures are commonly made in response to interrogatories or court-ordered pretrial statements, adhering to deadlines outlined in a Rule 16 scheduling order.

• Procedural Steps:
• Exchange of expert information via interrogatories or pretrial statements.
• Depositions of testifying experts, with the party taking the deposition responsible for paying a reasonable fee (Haw. R. Civ. P. 26(b)(4)(C)).
• Mandatory supplementation of expert disclosures if new information renders previous disclosures incomplete or incorrect.

These procedures ensure that all parties are adequately prepared for trial and prevent surprises related to expert testimony.

What Methods of Expert Discovery Are Permitted in Hawaii?

Under Hawaii's discovery framework, the following methods are permitted for expert discovery:

• Depositions: Testifying experts can be deposed, with fees for the deposition borne by the party conducting it (Haw. R. Civ. P. 26(b)(4)(C)).
• Interrogatories and Document Requests: Used for obtaining information about the expert’s qualifications, opinions, and the bases for those opinions.

The discovery is primarily focused on testifying experts. Non-testifying experts are generally protected from discovery unless there are exceptional circumstances.

Limits on Discovery of Expert Materials and Communications

Hawaii imposes specific limitations on the discovery of draft reports and attorney–expert communications. While the state follows the federal approach to some extent, communications between attorneys and expert witnesses are generally protected. However, exceptions exist, such as when the information pertains to bias, facts, or data the expert considered in forming their opinions.

• Protected Materials:
• Draft reports and preliminary analyses are typically non-discoverable.
• Communications regarding compensation, facts, or data considered in forming opinions may be subject to discovery.

Significant state case law or deviations from federal standards are not explicitly stated, suggesting a close alignment with federal practices in these aspects.

Consequences for Noncompliance or Discovery Violations

Failure to comply with expert discovery rules in Hawaii can lead to serious consequences. Under Haw. R. Civ. P. 37, sanctions may include the exclusion of expert testimony, continuances, or monetary penalties. Courts may enforce compliance through various remedies to ensure that the procedural integrity of the discovery process is maintained.

• Potential Sanctions:
• Exclusion of expert testimony if disclosures are insufficient or incomplete.
• Monetary sanctions or orders compelling discovery compliance.
• Other appropriate remedies as deemed necessary by the court.

Relevant Rules and Legal Authority in Hawaii

The primary rules governing expert discovery in Hawaii are encapsulated in:

• [Haw. R. Civ. P. 26(b)(4)](https://www.courts.state.hi.us/wp-content/uploads/2019/11/HRCP-Rule-26.-GENERAL-PROVISIONS-GOVERNING-DISCOVERY.pdf): Governs the scope and procedures of expert discovery.
• **Haw. R. Civ. P. 37:** Outlines sanctions for noncompliance.
• Haw. R. Evid. 702: Reflects the Daubert standard for the admissibility of expert testimony.

These rules collectively define the procedural landscape for expert discovery, with notable alignment to federal standards but also distinct nuances, such as the discretionary requirement for detailed expert reports in complex cases.